The following is a list of common legal jargon used by family lawyers or in family law courts. These have been sourced from the Family Law Courts of Australia, the Federal Magistrates Court and other sources. This is a guide only and should not be used instead of specific legal advice.
Solicitors who have satisfactorily completed an advanced study program through the Queensland Law Society in family law.
A written statement by a party or witness. It is the main way of presenting the facts of a case to the court. An affidavit must be signed before an authorised person (such as a lawyer or Justice of the Peace) by way of swearing on the Bible or attesting to the truth of the contents of the statement.
This is an agreement entered into after the breakdown of the marriage or a relationship that defines how the property or financial resources of either or both parties is divided.
A negotiation model in family law where clients and their lawyers work together to resolve a dispute without going to court. The aim is to reach a fair agreement while minimising costs, delays and stress.
An agreement between the parties that is approved by the court and then becomes a court order.
The government agency responsible for administering Australia’s Child Support Scheme, supporting separated parents to transfer payments for the benefit of their children.
Or “child support” is ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship.
The “old” word for what is now called “parenting orders”. It is an arrangement whether under a court order or by voluntary agreement as to where the child shall live.
Occurs when a family member, partner or ex-partner attempts to physically or psychologically dominate or harm the other through physical violence, sexual abuse, emotional abuse, intimidation, economic deprivation or threats of violence.
(or civil partnership equivalent is “dissolution”) meaning that the court makes an order to end a marriage.
A process whereby a family dispute resolution practitioner assists people to resolve some or all of their disputes with each other following separation and/or divorce.
A written assessment of a family by a family consultant. A report is prepared to assist a court to make a decision in a case about children and normally all the children, the parents and significant adults are interviewed.
Conduct (whether actual or threatened) by a person towards a family member, or property of a family member, that causes reasonable fear (or reasonable apprehension) for his/her personal wellbeing or safety.
An order made under Commonwealth, state or territory legislation to protect a person, including a child, from violence.
Australia is party to the Hague Convention on the Civil Aspects of International Child Abduction (the Abduction Convention) – an international treaty under which arrangements are made for the return of children who have been wrongfully removed from, or retained outside, their country of habitual residence.
A lawyer appointed by the court to represent a child’s interests in a case.
A court order making a person do, or refrain from doing, something.
Legal Aid Queensland provides access to justice for disadvantaged Queenslanders by providing free legal information, advice and representation.
Spouse or defacto maintenance is financial support paid by a party to a relationship to their former partner in circumstances where they are unable to adequately support themselves.
From Latin mediare: ‘to be in the middle.’ A process in which an impartial third party assists the parties to a dispute in an attempt to bring about an agreed settlement or compromise.
A written agreement between the parties setting out parenting arrangements for children. It is not approved by or filed with a court.
A parenting order is a court order about children that sets out particular responsibilities of parents and other carers. A parenting order may cover whether the parents will have shared or sole parental responsibility, where and with which parent the children live, who the children spend time and communicate with, or any other issues relevant to the children’s care such as schooling, travel, religion or medical treatment.
If there are two or more people sharing parental responsibility for long term decisions, a parenting order can include the form of communication each person will use with each other. Parenting orders can also include the appropriate dispute resolution process to be used if there are any future disagreements.
If there are two or more people sharing parental responsibility for long term decisions, a parenting order can include the form of communication each person will use with each other. Parenting orders can also include the appropriate dispute resolution process to be used if there are any future disagreements.
Married or defacto couples can enter into a binding legal agreement about the financial arrangements should their marriage or de facto relationship break down. Sometimes people know these agreements as ‘prenuptial agreements’ but the legal term is ‘financial agreements’.
This should be simple – usually there is clearly defined date of separation – but not always so. The “date of separation” is a key issue to be discussed with your lawyer.
